⭐ Labor Law Violations and Record Withholding – Re...
⭐ Labor Law Violations and Record Withholding – Request for Accountability
🗣️ Review by: Darryl Maurice Young (Pro Se)
Former Position: Extra Help Cook, Dietary Department
Employment Start: March 2025
Facility: O’Connor Hospital, 2105 Forest Avenue, San Jose, CA 95128
During my employment with O’Connor Hospital under the County of Santa Clara, I experienced multiple violations of both California and federal labor laws. I was hired under oath of office and worked variable shifts in the dietary department. Despite consistently clocking in at the start of each shift, I was never permitted to clock in or out for lunch breaks, nor did I sign any waiver to forgo them.
Under California Labor Code § 512, employees working over five hours are entitled to a 30-minute unpaid, duty-free meal break unless waived in writing. I believe I worked through these breaks on multiple occasions. Labor Code § 226.7 requires one additional hour of pay per day when a meal break is not provided. Additionally, 29 C.F.R. § 785.18 mandates that breaks under 20 minutes must be paid and counted as hours worked potentially qualifying me for overtime under the Fair Labor Standards Act (FLSA).
I formally requested my payroll and employment records from the County’s Employee Services Agency. After paying the required fee, I received only partial documentation and not the full clock-in/out records I requested. This violates California Labor Code § 226 (itemized wage statements) and § 432 (access to personnel records), which carry penalties of $750 per violation.
I followed up with Human Resources and was promised a tracking number but never received the full documentation. I believe this issue is systemic, affecting other dietary employees who were similarly denied proper meal break procedures and timekeeping. This violates Labor Code § 1174(d) and may constitute unfair business practices under California Business and Professions Code § 17200 et seq.
I share this review to inform others and encourage accountability. Labor rights matter not just for me, but for every worker who deserves lawful treatment and transparency.
